Tag Archives: Law

Beatles’ First Single Enters Public Domain — In Europe [Techdirt] – The Beatles remain the iconic pop group, so news on VVN/Music that their very first single has now entered the public domain is something of a landmark moment in music:The Beatles first single, Love Me Do / P.S. I Love You, has entered the public domain in Europe and small labels are already taking advantage of the situation.The European copyright laws grant ownership of a recorded track for fifty years, which Love Me Do just passed. That means that, starting January 1 of 2013, anyone who wants to put out the track is free to do so.
Unfortunately, if you’re in the US, you’ll probably have to wait until 2049 or so. And things are about to get worse in Europe too. As Techdirt reported, back in 2011 the European Union agreed to increase the copyright term for sound recordings by 20 years,

App Store Tops 40 Billion Downloads with Almost Half in 2012 [Apple – Press Info] – Apple passes 40 billion app downloads: “Apple® today announced that customers have downloaded over 40 billion apps*, with nearly 20 billion in 2012 alone. The App Store℠ has over 500 million active accounts and had a record-breaking December with over two billion downloads during the month. Apple’s incredible developer community has created over 775,000 apps for iPhone®, iPad® and iPod touch® users worldwide, and developers have been paid over seven billion dollars by Apple.”

World Map of Social Networks [Vincos Blog] –“December 2012, a new edition of my World Map of Social Networks, showing the most popular social networking sites by country, according to Alexa traffic data (Google Trends for Websites was shut down on September 2012). Facebook with 1 billion active users has established its leadership position in 127 out of 137 countries analyzed. One of the drivers of its growth is Asia that with 278 million users, surpassed Europe, 251 million, as the largest continent on Facebook. North America has 243 million users, South America 142 million. Africa, almost 52 million, and Oceania just 15 million (source: Facebook Ads Platform). In the latest months Zuckerberg’s Army conquered Armenia, Kyrgyzstan, Latvia and Vietnam.”

Over 8 million game downloads on Christmas Day! [Rovio Entertainment Ltd] – Rovio’s big Christmas download haul: “Wow, what a year! We released four critically-acclaimed bestselling mobile games, developed two top-rated Facebook games, and reached more than a billion downloads — all before our 3rd “Birdday”! Angry Birds Star Wars and Bad Piggies in particular have dominated the app charts, with Angry Birds Star Wars holding the #1 position on the US iPhone chart ever since its release! To top it all off, we had 30 million downloads during Christmas week (December 22-29) and, on Christmas Day, over 8 million downloads in 24 hours alone!”

R18+ game rating comes into effect [ABC News (Australian Broadcasting Corporation)] – Finally: “An R18+ video game rating has come into effect across Australia after a deal between the states and the Commonwealth last year. The change means some games that were previously unavailable to adults can go on sale, whereas others that could be accessed by children will become restricted. The issue had divided interest groups, with some claiming the new classification would protect children but others feared it would expose them to more violent games. Legislation to approve the rating was passed by the Senate in June. Under the previous classification regime, the highest rating for computer games was MA15+, meaning overseas adults-only games were either banned in Australia or given a lower classification, allowing children to obtain them.”

Two billion YouTube music video views disappear … or just migrate? [Technology | guardian.co.uk] – Despite rumours of massive cuts to major record labels’ YouTube channel counts, the explanation is rather more banal: “Universal and Sony have, since 2009, been moving their music videos away from their YouTube channels and over to Vevo, the music industry site the two companies own with some investors from Abu Dhabi. YouTube, meanwhile, thinks that is only right to count channel video views for videos that are still actually present on the channels – which means that whenever YouTube got round to reviewing the music majors’ channels on its site, a massive cut was always going to be in order.”

Aussie viral video, ‘Dumb Ways to Die’, lives on [The Age]– “Australia’s fastest-spreading viral video, “Dumb Ways to Die”, has taken on a life of its own, inspiring more than 65 cover versions, 85 parodies and 170 re-posts on YouTube. The original clip, made to promote safety on Melbourne Metro Trains, has amassed more than 28 million views on YouTube since it was posted on November 14. Its creator, ad agency McCann Worldgroup Australia, said its “conservative” estimate was that the campaign had generated $50 million in “global-earned media value” so far, in addition to more than 700 press hits. A new parody clip by Seattle-based creative team Cinesaurus about the Curiosity Mars mission, dubbed “Cool Things to Find”, joins dozens of other parodies and covers including a classic rock version, a Russian cover … “It’s entered popular culture,” said John Mescall, executive creative director of McCann Worldgroup Australia.”

Google is publisher according to Australian court [David Banks | Law | guardian.co.uk] – “Google will have to be quicker to remove defamatory content, at least in Australia, after it lost a $200,000 libel action there. […] the tale of Australia’s most successful libel litigant may give Google and other search engines pause for thought. Milorad Trkulja, a music promoter, took action against Google over material online, which linked him with criminal figures in Melbourne. Trkulja has never been involved in any criminal activity, but was unfortunate enough to have been shot in a restaurant in 2004. His lawyers wrote to Google in October 2009 asking for the offending material, which included a number of images, to be removed, but received a reply saying that in line with Google’s policies on content removal he should contact the owners of the website concerned instead. Trkulja sued Google and the jury concluded that the search engine was the publisher of images of Trkjulja and related information which suggested he was involved in crime … “

The one-way street to digital lock-in [The Age] – A simple but very important reminder from Hayley Tsukayama that when you buy a mobile device, you’re not just buying a device – you’re committing to a cloud ecosystem and a provider of apps and content that you’ll be locked into for a long time, and probably can’t easily transfer between devices. iPhone apps won’t ever work on a Nexus tablet, nor will Google Play books end up being read on iPads any time soon.

The Dark Knight Rises Trailer 2: IN LEGO [YouTube] – Beautifully put together Lego version of the new Dark Knight trailer. “LEGO Dark Knight Rises Movie Trailer By ParanickFilmz. http://paranickfilmz.co.nr/ Thanks to Adviceversas for the mouth animation and JediMasterSoda for the CGI. Movie (2012) HD.”

CBS Blocks Use of Unused ‘Star Trek’ Script by Spinrad [NYTimes.com] – “For “Star Trek” fans it was like finding a lost Shakespeare play — only to have it snatched away by the playwright’s heirs.Last fall an unused script for the cult 1960s television show turned up after being forgotten for years. Its author, the science-fiction writer Norman Spinrad, announced that it would become an episode of a popular Web series, “Star Trek New Voyages: Phase II,” which features amateur actors in the classic roles of Capt. James T. Kirk, Mr. Spock and other crew members of the starship Enterprise. But then another player stepped in: CBS, which said it owned the script and blocked a planned Web production of it. Trekkies were appalled. “These executives should be phasered on heavy stun,” said Harmon Fields of Manhattan, who called himself “a ‘Star Trek’ fan of galactic proportions.” … By all indications CBS is within its rights. In the entertainment industry the paid writer of a teleplay generally cedes the rights to the material, even if it remains unproduced.”

Pay TV piracy hits News [AFR] – A detailed investigative report accuses NewsCorp of actively promoting and facilitating the piracy of competitors pay TV network content: ” A secret unit within Rupert Murdoch’s News Corporation promoted a wave of high-tech piracy in Australia that damaged Austar, Optus and Foxtel at a time when News was moving to take control of the Australian pay TV industry.” These are hugely important accusations both in terms of NewsCorp but also in terms of how piracy is framed and understood.

What book publishers should learn from Harry Potter — Tech News and Analysis – Useful post detailing the DRM-free release of the Harry Potter ebooks and audio books for sale on J K Rowling’s Pottermore website. The lesson here is that DRM really isn’t necessary, and you’re more likely to reach a wider audience without it. Admittedly Rowling has unprecedented clout in managing her own books in electronic form, and has already made so much money off these books there’s no real risk involved, but the strategy is an important one nevertheless.

Angry Birds Space gets 10m downloads in three days [BBC] – The latest version of the Angry Birds game notched up 10 million download in its first three days of release, says its developer Rovio. Angry Birds Space only came out on 22 March, but in a tweet on Monday Rovio announced the game’s swift success. … The new Angry Birds instalment features 60 initial levels and six new characters and has what Rovio calls a “unique twist in a variable gravity environment”. As well as Google Android and Apple iOS devices, last week also saw the game released simultaneously on PC and Mac. Nasa was also involved in promoting the game, posting a video showing an astronaut on the International Space Station explaining the laws of physics using Angry Bird characters.
The space agency called it “an exciting way to get people engaged with Nasa’s missions of exploration and discover”.

Google ordered to suspend autocomplete function over cyber-harassment [The Japan Times Online] – “The Tokyo District Court approved a petition demanding that Google Inc. suspend its autocomplete search feature for Internet browsers after a man alleged that it breached his privacy and got him fired, his lawyer said Sunday. Google is refusing to suspend the feature, saying that its headquarters in the United States will not be regulated by Japanese law and that the case does not warrant deleting the autocomplete suggestions related to the petition under its in-house privacy policy, lawyer Hiroyuki Tomita said. The case, which was adjudicated on March 19, is believed to be the first to order the suspension of the Web search feature, which attempts to instantly anticipate and list the words or phrases a person will type into a browser’s search box, Tomita said. [..] The man discovered that when people type his name into Google’s search engine, words suggesting criminal acts, which he is unfamiliar with, appear.”

Billionaires take a turn at initiating ‘brand’ damage [SMH] – The Australian retail industry has jumped the shark. In an effort to ‘combat’ consumers getting better deals online, the retail giants have banded together to lobby the government to remove an exclusion that means purchases for overseas goods totally under $1000 don’t have the GST added. Customers, in turn, have pointed out very loudly that they shop online because of the terrible state of retail shops in Australia. Whoever thought up a PR campaign that basically tells consumers that the rich retail giants want consumers to be taxed more because they’re becoming too savvy and demanding better choice clearly failed Marketing 101!

How iTunes buyers are ripped off [Perth Now] – Australians are sick of the tyranny of digital distance: “Australian music fans are forging foreign iTunes accounts to make big savings on their purchases. The practice, which is a direct breach to iTunes terms and conditions, has exposed the inflated price that Australians pay to access songs off the popular music and entertainment site. By creating an American iTunes account through the use of a US credit card or gift card, users are saving up to 80c per song and $7 per album. The recently released Beatles box set collection can be bought with a saving of more than $A100. […] Numerous forums have surfaced on the net explaining the details of how to access the store which include creating a fake American billing address. Some have even used the address of the Apple corporation in the US to gain access.”

Facebook Users Uploaded A Record 750 Million Photos Over New Year’s [Tech Crunch] – “It doesn’t come as a huge surprise, but it’s still staggering to think about: over the New Year’s weekend, Facebook saw 750 million photo uploads from its users. That’s a lot of celebrating, and it sets a new Facebook record. The stat was just tweeted by Facebook marketing director Randi Zuckerberg (who is also founder Mark Zuckerberg’s sister). We’ve reached out to Facebook to ask what the last record was, but I’m guessing it was set over Halloween, which has historically been the biggest day for Facebook Photos. To give some context to that number, in July Facebook said that more than 100 million photos get uploaded every day (that average is higher now, obviously).”

Angry Birds launch for Sony’s Playstation 3 and PSP [BBC – Newsbeat] – Angry Birds makes the jump from mobile gaming to the consoles: “Sony has announced that Angry Birds is going to be released on its PlayStation 3 and PSP consoles. The game was originally developed for smart phones and proved a huge success with iPhone and Android users. Since being released in late 2009 it’s been downloaded nearly 40 million times. But with the Japanese entertainment giant now firmly on board developers Rovio have high hopes about bringing the game to a new audience. Released on January 5th it will be available to download for £2.49. “

What Could Have Been Entering the Public Domain on January 1, 2011? [Center for the Study of the Public Domain] – “Waiting for . . . Waiting for Godot and Lord of the Flies, The Doors of Perception, Rear Window, Seven Samurai, Creature from the Black Lagoon, the first issues of Sports Illustrated, Horton Hears a Who! . . . . Current US law extends copyright protections for 70 years from the date of the author’s death. (Corporate “works-for-hire” are copyrighted for 95 years.) But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years (an initial term of 28 years, renewable for another 28 years). Under those laws, works published in 1954 would be passing into the public domain on January 1, 2011. What might you be able to read or print online, quote as much as you want, or translate, republish or make a play or a movie from? How about William Golding’s Lord of the Flies?”

You might do a job on yourself [The Age] – Recruiters and interview panels are increasingly examining web presences: “Thank twice before uploading another photo or status update if you are about to have a job interview – employers are watching you. In an age of oversharing online, with a third of the Australian population on Facebook, many recruiters and companies cannot resist the temptation to screen potential candidates via social media. US employers have taken screening one step further, asking some job candidates to log in to their Facebook pages during the interview. There is no sign of this happening in Australia, recruiters say. But employers were interested in looking beyond a person’s resumé, said Kate Kendall, who specialises in recruitment via social media. “Companies are more interested in a holistic view of who they are hiring,” she said. “You can’t really try to hide.””

Instagram Quickly Passes 1 Million Users [NYTimes.com] – “Instagram, a social photo-sharing company that opened its shutters to iPhone owners just two months ago, announced Tuesday that it passed a major milestone of 1 million registered users. The company began offering its simple photo service in mid-October that allows people to share images from a mobile phone and then add unique and fun filters. Since then, Instagram has quickly become the talk of the tech community as people have flocked to the service even with stiff competition from a number of well-financed competitors, including PicPlz, Flickr and Path.”

The state, the press and a hyperdemocracy [Unleashed (Australian Broadcasting Corporation)] – Mark Pesce provokes a much larger debate about Wikileaks … is it really ‘the press’? “WikiLeaks is the press, but not the press as we have known it. This is the press of the 21st century, the press that comes after we’re all connected. Suddenly, all of the friendliest computers have become the deadliest weapons, and we are fenced in, encircled by threats – which are also opportunities. This threat is two-sided, Janus-faced. The state finds its ability to maintain the smooth functioning of power short-circuited by the exposure of its secrets. That is a fundamental, existential threat. In the same moment, the press recognises that its ability to act has been constrained at every point: servers get shut down, domain names fail to resolve, bank accounts freeze. These are the new selection pressures on both sides, a sudden quickening of culture’s two-step.”

The Atlantic Turns a Profit, With an Eye on the Web [NYTimes.com] – The Atlantic turns a profit by thinking digitally, and employing bloggers: “How did a 153-year-old magazine — one that first published the “Battle Hymn of the Republic” and gave voice to the abolitionist and transcendentalist movements — reinvent itself for the 21st century? By pretending it was a Silicon Valley start-up that needed to kill itself to survive. The Atlantic, the intellectual’s monthly that always seemed more comfortable as an academic exercise than a business, is on track to turn a tidy profit of $1.8 million this year. That would be the first time in at least a decade that it had not lost money. Getting there took a cultural transfusion, a dose of counterintuition and a lot of digital advertising revenue. “We imagined ourselves as a venture-capital-backed start-up in Silicon Valley whose mission was to attack and disrupt The Atlantic,” […] “In essence, we brainstormed the question, ‘What would we do if the goal was to aggressively cannibalize ourselves?’””

Angry Birds, Flocking to Cellphones Everywhere [NYTimes.com] – “It sounds like a tough sell: a game that involves catapulting birds at elaborate fortresses constructed by evil pigs. But Angry Birds, a hit game by Rovio, a small Finnish company, is one of the unlikeliest pop-culture crazes of the year — and perhaps the first to make the leap from cellphone screens to the mainstream. Angry Birds, in which the birds seek revenge on the egg-stealing pigs, is meant to be easily played in the checkout line and during other short windows of downtime — but some players have trouble stopping. Rovio says people around the world rack up 200 million minutes of game play each day. (Put another way, that is 16 human-years of bird-throwing every hour.) The game has inspired parodies, homages and fervent testimonials. Homemade Angry Birds costumes were big hits on Halloween. Conan O’Brien demonstrated the game in a YouTube video promoting his new show, and a sketch from an Israeli TV show about a birds-and-pigs peace treaty was popular online ….”

Assange And WikiLeaks Have Parallels With Spycatcher [SMH] – Malcolm Turnbull on Wikileaks: “Governments and politicians should be careful not to make a martyr of Assange and fools of themselves. Julia Gillard’s claim that Assange had broken Australian laws, when it is clear he has not, demonstrates how out of her depth she is. One may well ask whether her denunciations would be so shrill if the documents had been handed to a powerful newspaper group – if the contents were being dribbled out by The Australian, would she be accusing Rupert Murdoch of high crimes and misdemeanours? Assange is an Australian citizen. No matter how much the government disapproves of his actions, it should make it clear that he is entitled to return to Australia if he wishes and to receive consular assistance if the charges of sexual assault proceed in Sweden.”

Wikileaks and the Long Haul [Clay Shirky] – Some thoughts from Clay Shiry regarding Wikileaks which are well worth reading: “Over the long haul, we will need new checks and balances for newly increased transparency — Wikileaks shouldn’t be able to operate as a law unto itself anymore than the US should be able to. In the short haul, though, Wikileaks is our Amsterdam. Whatever restrictions we eventually end up enacting, we need to keep Wikileaks alive today, while we work through the process democracies always go through to react to change. If it’s OK for a democracy to just decide to run someone off the internet for doing something they wouldn’t prosecute a newspaper for doing, the idea of an internet that further democratizes the public sphere will have taken a mortal blow.”

Woman to pay $1.5m for downloading music [ABC News (Australian Broadcasting Corporation)] – “A US jury has ordered a Minnesota woman to pay $US1.5 million for illegally downloading 24 songs in a high-profile digital piracy case. Jammie Thomas-Rasset, a single mother of four, was found liable by a jury on Wednesday (local time) of copyright infringement for using Kazaa, a peer-to-peer file-sharing network, to download the songs from the internet. She has been ordered to pay $US62,500 for each of the 24 songs – a total of $US1.5 million. The verdict is the third in the long-running case and it has been welcomed by the Recording Industry Association of America (RIAA).[…] In December 2008, the RIAA said it would stop suing people who download music illegally and focus instead on getting internet service providers to take action.”

iBookstore Australia Launch: iBookstore Opens In Australia [SMH] – “Australians can now use ther iPhone, iPad or iPod Touch as a serious e-book reader after Apple opened the doors to its iBookstore today. It’s taken the company five months since the iPad’s launch to get the store up and running but it has succeeded in signing up a wide range of book publishers including Macmillan, Hachette, HarperCollins, Hardie Grant, Murdoch Publishers and Wiley. Previously, Australians viewing the iBookstore could only access old out-of-copyright books but now there is a range of new release titles on offer. The exact number is unclear but an Apple spokeswoman said they numbered in the “thousands”.”

Children and ultra-violent video games: court to decide [SHM] – Wow: the ‘do violent videogames hurt kids’ debate rolls into the US Supreme Court: “The US Supreme Court has expressed sympathy for a California law that aims to keep children from buying ultra-violent video games in which players maim, kill or sexually assault images of people. But several justices said the law faces a high constitutional hurdle before going into effect. The high court has been reluctant to carve out exceptions to the First Amendment, striking down a ban on so-called “crush videos” that showed actual deaths of animals earlier this year. California officials argue that they should be allowed to limit minors’ ability to pick up violent video games on their own at retailers because of the purported damage they cause.”

Google gaining on booming smartphone market [The Age] – “Google’s Android software platform rose to the number two spot globally on the booming smartphone market in the third quarter, research firm Canalys said this week. Nokia’s Symbian continued to lead the market with a 37 per cent share, while Android had 17 per cent of the market. It has surpassed Research In Motion, Apple and Microsoft this year. Growing popularity of Android phones – made by companies including Motorola, HTC and Samsung Electronics – puts Google in a good position as handsets look set to surpass computers for browsing the web. Google chief executive Eric Schmidt said in September he expects mobile searches to generate most of the firm’s revenue eventually, but it could take a long time, despite growing at a rapid clip.”

Facebook posting boasting led to sack [WA Today] – Be ye not so stupid: “A West Australian schoolgirl who was sacked over Facebook for comments she made on the popular social network has had her dismissal upheld by the national workplace watchdog. The 15-year-old was fired after it was claimed she had written to a possible competitor of her employer, despite being told not to. In a peculiar twist, her employer then fired her via Facebook. The sacking has since been upheld by Fair Work Australia after the girl, who cannot be named, took too long to file a complaint. The case marks something of an increasing trend of workplace folly that has come from misuse of the social networking site. There have been at least five cases before Fair Work Australia where employees have been sacked after something they wrote or did was recorded on Facebook. There are likely to be many more dismissals that went unchallenged and never reached the tribunal.”

The future of the internet: A virtual counter-revolution [The Economist] – A good overview article which looks at the potential “balkanisation” or fragmenting of the internet into different walled gardens of various sorts. The article focuses on three trends: national governments asserting their power in various ways to regulate their citizens’ access to the web; big IT companies building different walled gardens, from Facebook’s social network to Apple’s regulated iOS and App store; and lastly the push to by big internet providers for tiered internet provision and the push back in the form of net neutrality. (This is a short but useful overview of these issues for teaching purposes.)

Computers as Invisible as the Air [NYTimes.com] – Useful historical reminder: “The personal computer is vanishing. Computers once filled entire rooms, then sat in the closet, moved to our desks, and now nestle in our pockets. Soon, the computer may become invisible to us, hiding away in everyday objects. A Silicon Valley announcement last week hinted at the way computing technology will transform the world in the coming decade. Hewlett-Packard scientists said they had begun commercializing a Lilliputian switch that is a simpler — and potentially smaller — alternative to the transistor that has been the Valley’s basic building block for the last half-century. That means the number of 1’s and 0’s that can be stored on each microchip could continue to increase at an accelerating rate. […] This is the fulfillment of Moore’s Law, first described in the 1960s by Douglas Engelbart & Gordon Moore, which posits that computer power increases exponentially while cost falls just as quickly”

Stephanie Rice apologises for ‘offensive Tweet’ [TV Tonight] – “Channel Seven personality and Olympic swimmer Stephanie rice has apologised for a comment she made on her Twitter feed which has been branded as homophobic. After the Wallabies’ win over the Springboks in South Africa on Saturday night, Rice tweeted; “Suck on that f**gots”, adding; “Probs the best game I’ve ever seen!! Well done boys.” Rice has since removed the comment and apologised. “I made a comment on Twitter last night in the excitement of the moment,” she told news.com.au. “I did not mean to cause offence and I apologise. I have deleted it from the site.” Former NRL player, openly gay Ian Roberts slammed her actions. “She is an idiot and anyone who continues to endorse her as an athlete is an idiot as well,” he said. “And I say that with a very sad tone in my voice. What a fool.””

YouTube Deal Turns Copyright Videos Into Revenue [NYTimes.com] – “Last month, a YouTube user, TomR35, uploaded a clip from the AMC series “Mad Men” in which Don Draper makes a heartfelt speech about the importance of nostalgia in advertising. Viewers wouldn’t notice, but that clip also makes an important point about modern advertising — YouTube is an increasingly fruitful place for advertisers. In the past, Lions Gate, which owns the rights to the “Mad Men” clip, might have requested that TomR35’s version be taken down. But it has decided to leave clips like this up, and in return, YouTube runs ads with the video and splits the revenue with Lions Gate. Remarkably, more than one-third of the two billion views of YouTube videos with ads each week are like TomR35’s “Mad Men” clip — uploaded without the copyright owner’s permission but left up by the owner’s choice. They are automatically recognized by YouTube, using a system called Content ID that scans videos and compares them to material provided by copyright owners.”

Google’s Earth – William Gibson / Op-Ed Contributor [NYTimes.com] – An insightful and engaging look at today’s cyberspaces and Google’s Earth from William Gibson, over 25 years after he coined the term cyberspace: “We have yet to take Google’s measure. We’ve seen nothing like it before, and we already perceive much of our world through it. We would all very much like to be sagely and reliably advised by our own private genie; we would like the genie to make the world more transparent, more easily navigable. Google does that for us: it makes everything in the world accessible to everyone, and everyone accessible to the world. But we see everyone looking in, and blame Google. Google is not ours. Which feels confusing, because we are its unpaid content-providers, in one way or another. We generate product for Google, our every search a minuscule contribution. Google is made of us, a sort of coral reef of human minds and their products.”

Introducing Wikileakileaks.org: Your Source for Wikileaks [Valleywag] – Gawker Media try and turn the transparency tables on Wikileaks’ secretive founder Julian Assange by setting up “Wikileakileaks.org: your source for Wikileaks-related secrets, documents and rumors!” The site aims to be an anoymous clearing house for Wikileaks-related material. While there is some merit on turning transparency back on its secretive champions, this also smacks of pettiness since, as Gawker admit, they’ve been blacklisted by Assange after an unfavourable reporting.

Facebook’s now trying to trademark the word ‘face’ [Chicago Breaking Business] – It gets sillier: “Facebook, which has gone after sites with the word “book” in their names, is also trying to trademark the word “face,” according to court documents. But the social networking site has met with a familiar foe. As TechCrunch first reported, Aaron Greenspan has asked for an extension of time to file an opposition to Facebook’s attempt. Greenspan is the president and CEO of Think Computer, the developer of a mobile payments app called FaceCash. Greenspan, also a former Harvard classmate of Facebook chief executive Mark Zuckerberg, claimed he had a hand in developing the social networking giant. The case was settled last year. In an interview with CNNMoney.com, Greenspan said the two extensions he filed now give him until September 22 to oppose the “face” trademark attempt. The original deadline was June 23.”

iPod sales drop to lowest quarterly number since 2006 [Business | The Guardian] – Sales of the traditional iPod are slowing in the face of the dramatic growth of iPhones, iPads and other competitor products. Apparently the music industry is concerned because they were betting on (presumably old-style) iPods to be the great saviour of the music industry, ensuring the next generation was downloading music legally, replacing slowing CD sales. The article also mentions the shift some canny bands have made to band-specific apps, meshing music and other experiences together via in bespoke applications, which better suit an iPhone/iPad environment. To be honest, nothing in this article should come as a shock, but it does point out that with 5 billion app downloads from the Apple store in just 2 years, this is definitely the peak growth area.

The Trouble with the Fourth Estate [Snurblog] – A sobering but insightful analysis by Axel Bruns regarding the failings of political journalism and the limits of political blogging in Australia today. Axel argues that the ‘fourth estate’ is probably the wrong metaphor for political bloggers today, although they struggle perhaps to be a fourth branch at times, doing some work once in realm of good journalism. The short version, though: “we’re stuck in a muddle, where journalists won’t and bloggers can’t exercise the informative function with as much energy and commitment as it actually requires – and that’s a very problematic state of affairs, especially in a political situation that is as confusing as the one we now find ourselves in.”

The Ballad of Cat Bin Lady: The Internet’s Latest Viral Villain [Mashable] – Coventry, England resident Mary Bale made a stupid decision when she pushed a local cat into a wheelie bin and shut the lid. By virtue of CCTV footage posted online, she was identified, named and shamed, and so forth. She’s become a meme, and a hated meme at that. But is the response too much? A ‘Death to Mary Bale’ Facebook group has just been shut down, suggested that in ‘citizen justice’ the penalties often vastly outweigh the crime.

Facebook Trademark Lawsuit Aims to Limit Use of “Book” by Others [Mashable] – “Facebook has filed suit against Teachbook.com, an online community for teachers. The lawsuit accuses Teachbook of “misappropriating the distinctive BOOK portion of Facebook’s trademark.” The lawsuit argues that Teachbook’s use of “book” dilutes the Facebook (Facebook) brand name, impairs Facebook’s ability to remain unique and creates the facade of a false relationship between the two social networking entities. While Facebook does not own the rights to the word “book” in all its forms, the company believes its name trademark applies to the word “book” when used in connection with a website of similar purpose. Facebook also takes issue with the fact that Teachbook has attempted to trademark its name and makes claims about being “Facebook for teachers” on the Teachbook website.” (Oh noes: I’ve been using this trademark infringing NOTEBOOK all this time …)

Links for August 4th 2010 (definitely not endorsed by any version of Andrew Bolt):

Andrew Bolt discovers Twitter fake. Is cross. [mUmBRELLA] – News Ltd columnist Andrew Bolt has, it would appear, had something of a sense of humour failure over his fake Twitter persona. This morning, Bolt wrote in his Herald Sun blog: “It shouldn’t need saying, but I do not have a Twitter account and the fake one seems to be the work of people whose employer will be very embarrassed to find its staff once more engaging in deceitful slurs. A little warning there. A tearful sorry afterwards will be both too late and insincere, especially from people with their record of sliming.” The fake Andrew Bolt, who has about 5000 followers, does give certain subtle clues on Twitter that he ain’t the real deal. Such as his bio: “Journalist. Blogger. Broadcaster. Climate scientist. Great in bed. This is the Twitter of Andrew Bolt. Follow me you barbarians.” Or messages such as: “Julia Gillard should put together a comittee of common folk to see if they can change the laws of physics. I suspect they can.””

Andrew Bolt is not happy about @andrewbolt [Peter Black’s Freedom to Differ] – Peter Black looks at the legal side of (fake) Andrew Bolt on Twitter: “…it seems to me that Bolt would at least have an arguable case, that one or more of the tweets constituted a defamatory imputation. Moreoever, they were referrable to Bolt and published. It is also worth noting that cartoons, caricatures, jokes or satire may be defamatory depending upon the context of the publication (see Entienne v Festival City Broadcasters (2001) 79 SASR 19). How a jury would construe these statements, given they take place in the context of a fake Twitter account, is hard to predict. Nonetheless, I do believe that a judge would find that the material is capable of defaming Bolt and that it would then be up to a jury to decide whether the material actually defamed Bolt. So while I think it is highly unlikely Bolt would actually sue for defamation, it is worth remembering that even fake Twitter accounts, while intended for the purpose of satire and humour, may well have legal consequences.”

Twitter List @andrew__bolt/AndrewBolt – A list of more than 30 ‘Andrew Bolt’ (fake) accounts on Twitter, the majority of which have appeared in the last 24hrs since Andrew Bolt (the man) complained about @andrewbolt (the most popular fake, on twitter).

SRSLY? SMS Celebrates Its 25th Birthday [The Next Web] – “According to a press release from Sherri Wells, ‘one of the leading SMS messaging experts in the world’, SMS is celebrating 25 years of existence today, making its way from a R&D lab at Vodafone to become a technology that is now present on every single mobile phone currently in existence. Although SMS was developed twenty-five years ago in a collaboration between France and Germany, the first text message was actually sent seven years later on December 3rd, 1992, reading “Happy Christmas”. Since then SMS evolved through various stages, starting as a free service where teens helped popularise the service, before carriers then charged for the service, causing a decline of up to 40% in the process. Back in 2000, the average monthly texts sent per user was a paltry 35, today it’s as high as 357 with 1.5 trillion messages sent annually in the US.”

Bill Cosby dead rumours dismissed on Twitter [WA Today] – Tweets of my death have been greatly exaggerated! “Television star Bill Cosby has been forced to reassure fans he’s still alive and well after news of his ‘death’ became a top trending topic on Twitter. ‘Bill Cosby died’ remains the fifth highest trending topic on the micro-blogging site this morning. “Emotional friends have called about this misinformation,” the Cosby Show star tweeted in response to the announcement. “To the people behind the foolishness, I’m not sure you see how upsetting this is. “Again, I’m rebuttaling rumours about my demise (sic).” This is the second time this year that Cosby has been pronounced dead by social media.”

Old Spice Voicemail Generator – Make your own voicemail or answering machine message made up of audio samples from the Old Spice guy’s recent replies. This voicemail is now diamonds! (By Chriswastaken, Area, and Nelson Abalos Jr | Thanks to Reddit)

YouTube Star to Put His Life in Your Hands for a Year [Mashable] – “Heyo all you megalomaniacs out there — may we introduce yet another way to get your jollies this year: Dan 3.0. Starting today, 20-year-old YouTube sensation Dan Brown is launching a new web show/social experiment in which he will turn control of his life over to you, the viewers, for an entire year. Brown […] is one of those rare dudes whose only gig is video blogging. […] When asked how he thinks this project will affect his day-to-day life, Brown told us: “Basically I’m going to be living my life, doing what my viewers tell me and documenting it. That’s going to be it. Daily life is going to be affected – I don’t know exactly what it means for relationships with friends and relationships with people I know in real life. I guess we’ll find out when we get there.” So as to prevent any catastrophes, Brown has a few ground rules. Viewers can’t ask him to do things like, say, dump his girlfriend, or to do anything illegal or harmful to others. He has also veto power …”

Google Android phone shipments increase by 886% [BBC News] – There’s a lot more smartphones out there: “Google Android phone shipments increase by 886% Shipments of Google’s Android mobile operating system have rocketed in the last year, figures suggest. Statistics from research firm Canalys suggest that shipments have increased 886% year-on-year from the second quarter of 2009. Apple showed the second largest growth in the smartphone sector with 61% growth in the same period. Overall, the smartphone sector grew by 64% from the second quarter 2009 to the second quarter 2010, the research says.”

Copyright: The Elephant in the Middle of the Glee Club – Christina Mulligan [Balkinization] – Great post from Christina Mulligan about copyright and the (fantasy of) Glee: “The fictional high school chorus at the center of Fox’s Glee has a huge problem — nearly a million dollars in potential legal liability. For a show that regularly tackles thorny issues like teen pregnancy and alcohol abuse, it’s surprising that a million dollars worth of lawbreaking would go unmentioned. But it does, and week after week, those zany Glee kids rack up the potential to pay higher and higher fines. […] Defenders of modern copyright law will argue Congress has struck “the right balance” between copyright holders’ interests and the public good. They’ll suggest the current law is an appropriate compromise among interest groups. But by claiming the law strikes “the right balance,” what they’re really saying is that the Glee kids deserve to be on the losing side of a lawsuit. Does that sound like the right balance to you?”

Second Life in second incarnation [The Age] – “Linden Lab, creator of the online virtual world Second Life, is laying off 30 per cent of its staff and restructing it to make the once popular online world more relevant to social networking times. The San Francisco company did not reveal how many people it was letting go as part of what it called a “strategic restructuring,” but it is understood it has more than 300 employees. […] Chief executive Mark Kingdon, known inworld as M Linden, said the company plans to create an internet browser-based virtual world experience, eliminating the need to download software, and extend Second Life into social networks. […] Second Life was an online sensation after Linden Lab launched the virtual world in 2003 as a place for people to play, socialise and do business but its popularity has faded in recent years.”

Ashton Kutcher: ‘Bruce Willis? At first it was difficult. He’s the guy who used to sleep with my wife…but it got easier’ [Mail Online] – Ashton Kutcher on how he used Twitter to escape the paparazzi: “There used to be five or six cars full of paparazzi following us – I stopped that with Twitter. Except for rare occasions, they don’t follow us any more. I definitely try to lead the long tail of the press, so if I’m going to an event I break the story myself – I don’t need somebody making money from breaking a story about me. If I’m going to be in a zoo, I want the keys to the cage – I saturate the market with images of myself, so their images won’t have any value.” (5th June 2010)

The ‘Star Wars Kid’: Where is he now? [The Age] – “Today, Canadian law student Ghyslain Raza is president of a nonprofit organisation dedicated to preserving the heritage, culture and history of a riverside French-Canadian town called Trois-Rivières. But before that, the world knew him by a different title: The “Star Wars Kid.” Raza is now a law student at Montreal’s McGill University. In February of this year, he took control of the Patrimoine Trois-Rivières (formerly called the Society for Conservation and Promotion of Cultural Heritage), which was founded more than 30 years ago. […] Is that where you expected the Star Wars kid to be today? The short attention spans of viral video viewers prevent the subjects of the videos from fully and accurately presenting themselves. Few people would want to be entirely defined by one minute and 48 seconds of fame, but that’s the hand Raza was dealt in his youth. Hardly anyone would recognise him these days, though.”

Court uses Facebook to serve paternity test order [The Age] – Australian courts allow Facebook to be used as a communication platform for serving legal papers: “In a case which highlights the difficulties of keeping a low profile when you have a Facebook account, a court has ordered that the social networking site be used to serve legal documents on an elusive father in a child support dispute. The federal magistrate who made the order, Stewart Brown, said the Adelaide case was unusual but ”demonstrative of social movements and the currency of the times”.”